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In the world of paper productions, redactions were a manual process. When a document needed to have information redacted, we would make a copy and then use a permanent marker to make a thick black mark over the privileged text. Then we’d make another copy of the marked-up document to further ensure the underlying text remained hidden and didn’t bleed through. In other scenarios, folks might use White-Out or correction tape to obscure and hide the text, but these methods weren’t always foolproof.
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That’s why an ediscovery review platform is your absolute best option for preventing any embarrassing or irresponsible redaction blunders. A platform like Nextpoint keeps all your files organized and intact, takes care of any image conversions that need to be made, tracks all redactions and annotations, maintains working copies for your reference, and alerts you to double-check your redactions before anything is produced.
To be fair, there are several reasons why information might need to be redacted. Most of the time it’s to protect personal identifiable information (PII), sensitive business information, or some other confidential/privileged coverage. In rare instances, parties might agree to redact information they deem non-relevant to the matter so they can focus on the most pertinent details.
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All non-core features of typical HTTP servers (like request routing, file serving, compression, etc.) are left to the next layer in the application stack, they are not implemented by spray-can itself. Apart from general focus this design keeps spray-can small and light-weight as well as easy to understand and to maintain. It also makes a spray-can HttpServer a perfect "container" for a spray-server application, since spray-can and spray-server nicely complement and interface into each other. spray-server supports spray-can HttpServer out of the box.
Your application can decide to respond to a request with a chunked response rather than a "traditional" one. This is done via the startChunkedResponse method of the responder member of the incoming RequestContext. This method returns a ChunkedResponder that allows for the sending of the individual message chunks as well as finalization of the response.
This repository contains the sources of an older version of spray-can (targeted at Scala 2.9.x and Akka 1.3.x). If you are looking for the latest version please turn to the main spray site at http://spray.io.
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If configured with a non-zero requestTimeout setting the spray-can HttpServer will watch for request timeouts. If your application logic does not complete a request by either calling responder.complete or responder.startChunkedResponse on the incoming RequestContext within the configured timeout period the HttpServer dispatches a Timeout message to the configured timeout actor (which may well be identical to your service actor). The application then has another chance to complete the request, this time within the configured timeoutTimeout period. Only if the request is still uncompleted after this time period the HttpServer will complete the request itself with the result from its timeoutTimeoutResponse method (which you may override should the need arise).
Manual redaction procedures look different in the digital world, but still seem to confuse legal professionals. The most notable act of carelessness involves opening a PDF and simply drawing a black box/rectangle over text to be hidden and calling it complete. But what a vast majority of lawyers fail to understand is that PDF files have both an image layer AND a text layer. Drawing a black box hides the content on the image layer but the text layer stays intact – that means anyone can still search the text or simply highlight the “redacted” area to copy and paste the text into another document.
“To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education and comply with all continuing legal education requirements to which the lawyer is subject.” – Model Rule 1.1, Comment 8
If you know that the HTTP server your application connects to supports request pipelining you can send several requests in a row without first waiting for responses to come in. The HttpDialog DSL (see below) might make working with persistant connections and request pipelinging a bit easier.
Perhaps the most unsettling consequence of a redaction snafu is simply the embarrassment for the lawyer responsible, coupled with the client’s outrage when they realize what you’ve allowed to happen. It can harm your personal reputation as well as your practice.
Another court granted a plaintiff’s motion for sanctions when the defendant failed to properly redact documents containing confidential information (e.g. social security number, financial account number, birthdays, etc.). The Court stated that Defendant’s “failure to comply with the Federal Rules has placed privileged personal information on the court’s CM/ECF system, an internet system, and has cost [Plaintiff] and the court time and energy in sealing the aforementioned documents.” The Court allowed Plaintiff to recover reasonable attorney’s fees related to the motion to seal and the motion for sanctions.
Also consider filing an FRE 502(d) agreement which prevents unintentional productions of privileged and protected information from resulting in a waiver of that precious privilege.
Note that the explicit result type annotations are only shown here for documentation. They can be inferred and are therefore not required.
The spray-can HTTP server is really easy to use. All you need to do is start a new HttpServer actor as well as an actor holding your custom request handling logic. Ideally these actors should be supervised:
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The most important rule for proper redactions is simply to use the right tool for the job. Anything less and you set yourself up for the inevitable oversight, embarrassment, or sanction.
Redactions in the digital world are actually easy to accomplish, but you must use the right tool for the job and be competent in how they work. Unfortunately, many attorneys have refused to heed these warnings, which means we will continue to read about them in the headlines.
This debacle is much more common in today’s world of PDFs and digital files, but most folks may only recall the more notorious and newsworthy incidents. For example, Paul Manafort’s lawyers attempted to redact PDFs with black boxes, but left the underlying text intact that revealed Mr. Manafort continued to make false statements after signing a plea deal. Or when Democrats on the House Benghazi Committee attempted to redact the transcripts of Sidney Blumenthal’s testimony that appeared to shed a dark spot on both sides of Congress’ dealings with Mr. Blumenthal.
As a thin layer on top of the HttpClient spray-can provides a convenience mini-DSL that makes working with HTTP connections a bit easier. It is probably best explained by example.
Just like the HttpServer the HttpClient supports sending chunked requests as well as receiving chunked responses in an asynchronous fashion. The scaladoc API documentation of the HttpConnection trait should be rather self-explanatory with regard to its usage.
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A low-overhead, high-performance, fully async HTTP 1.1 server and client library implemented entirely in Scala on top of Akka
When the spray-can HttpServer receives the first bits of a chunked request from a client it starts a new Akka actor for handling the different parts of the request. The ServerConfig contains a streamActorCreator member which can hold a custom function performing the actual actor creation. spray-can takes care of properly starting and stopping the actor your custom function created as well as dispatching MessageChunk and ChunkedRequestEnd messages to it. If you do not supply a custom streamActorCreator spray-can uses a BufferingRequestStreamActor for incoming chunked requests to transparently buffer and assemble regular HttpResponse instances before dispatching them to the regular service actor.
The spray-can HttpServer is implemented as an Akka actor running on a single, private thread managing a Java NIO selector. Incoming HTTP requests are dispatched as immutable messages to a service actor provided by the application. Requests are completed by calling a responder function passed along (in continuation style) with the request message.
As you can see from this API the spray-can HttpClient works on the basis of individual connections. There is no higher-level support for automatic connection pooling and such, since this is considered the responsibility of the next-higher application layer.
The easiest way to get started with spray-can is to try out the server-example and/or the client-example that's part of the spray-can codebase:
When sending out responses the server watches for a Connection header that your application might set and acts accordingly. I.e. you can force spray-can to close the connection after having sent the response by including an HttpHeader("Connection", "close"). To unconditionally force a connection keep-alive you can explicitly set a HttpHeader("Connection", "Keep-Alive") header. If you don't set an explicit Connection header the server will keep the connection alive if the client supports this (i.e. it either sent a "Connection: Keep-Alive" header or specified HTTP/1.1 capabilities without sending a "Connection: close" header).
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In fact, a major blunder recently occurred when Sony was required to produce documents in the Federal Trade Commission v. Microsoft, 3:23-cv-02880, (N.D. Cal.) matter. They allegedly used a black Sharpie marker in an attempt to redact proprietary financial information, inadvertently disclosing profit margins the company certainly did not want to be made public. Did the printed text bleed through the Sharpie marks? Did the (presumably technologically competent) legal team use some other inadequate tools for redaction and fail to check their work?
You can pass a ClientConfig instance to the HttpClient constructor. If you don't spray-can looks for a client configuration in your applications akka.conf file and uses default settings for anything not specified there. After being started the client actor will wait for Connect messages from your application, which it responds with an object implementing the HttpConnection trait. Its scaladoc API documentation should give you a pretty good idea of how to use an HttpConnection instance for sending requests and receive responses.
But using PDF software such as Acrobat means you’ll have to wrestle with the additional burden of manually tracking which PDFs have been redacted, where the originals & copies are stored, and who redacted what. And this assumes you’ve already manually converted every file into a PDF – that’s all a lot of work.
The best way to shut down a spray-can HTTP client instance is to send it an Akka PoisonPill message. This will ensure the proper closing of all open connections as well as the freeing all other occupied resources. Simply stopping the HttpClient actor by calling stop() (or Actor.registry.shutdownAll()) can sometimes lead to the client thread not properly terminating.
The spray-can HttpClient is the natural counterpart of the HttpServer. It shares all core features as well as the basic "low-level" philosophy with the server.
HTTP/1.1 defines the "chunked" transfer encoding for HTTP messages (requests and responses), which allows for the sending of very large (even "infinite") HTTP requests or responses. Normally the client or server sending an HTTP message needs to know the size of the message before sending it. Chunked transfer encoding removes this requirement, i.e. the client or server can start sending the message before the complete length is known (which might be useful when transferring things like a live video or audio stream).
In Nextpoint, you can click and draw a box on a document to redact information, but since this is a tool specifically designed for the job, the box remains transparent so you can see exactly what is being redacted and make any necessary corrections. The final redaction isn’t applied until the very end when you’re creating a production. In addition, all redactions and annotations are tracked so you can see exactly who did what and when. And for each redaction, you can note the reason so that no one in the future has to guess why a redaction was created.
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We firmly believe almost every litigation matter could benefit from an ESI protocol that governs the logistics and specifics of document productions. A typical ESI protocol will establish guidelines for the file formats governing document productions, including how to handle native files, text recognition, and the exchange of metadata extracted from electronic files.
A low-overhead, high-performance, fully async HTTP 1.1 server and client library implemented entirely in Scala on top of Akka
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Many PDF software packages can apply redactions, but you must use the right tool and functions. For example, Acrobat Standard allows you to draw a “black box” anywhere on the PDF (including over text), but that is NOT a true redaction – it merely draws a black box on the image layer. You must use the Acrobat Pro version – and follow the right steps – if you intend to “scrub” and redact the text layer (see comparison).
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A pertinent clause to include in your ESI protocol is to specify how redactions should be applied, including the reasoning (e.g. confidentiality, privilege, non-relevant, etc.), so that there are adequate grounds for clawing back inadvertently or mis-redacted information.
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The spray-can server always passes all received headers on to your application. Additionally the values of the following request headers are interpreted by the server itself:
HTTP pipelining is fully supported and completely transparent to your application. I.e. the client is allowed to send a whole sequence of requests in a row without first waiting for responses. The spray-can HttpServer dispatches such pipelined requests to your service actor just as any other. However, since in many asynchronous applications response times can be somewhat undeterministic spray-can will take care of properly ordering all responses coming in from your application before sending them out to "the wire". I.e. your application will "see" requests in the order they are coming in but is not required to uphold this order when generating responses.
You can pass a ServerConfig instance to the HttpServer constructor. If you don't spray-can looks for a server configuration in your applications akka.conf file and uses default settings for anything not specified there. By default your service actor needs to have the id spray-root-service in order to be found by the HttpServer. After being started the server actor will accept new HTTP connections on the configured host interface (and port) and dispatch all incoming HTTP requests as RequestContext messages to your service actor. You can take a look at the server-examples TestService implementation for some example of what basic request handling with spray-can might look like.
The best way to shut down a spray-can HTTP server instance is to send it an Akka PoisonPill message. This will ensure the proper closing of all open connections as well as the freeing all other occupied resources. Simply stopping the HttpServer actor by calling stop() (or Actor.registry.shutdownAll()) can sometimes lead to the server thread not properly terminating.
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spray-can is available from the repo.spray.cc repository. The latest release is 0.9.3 and is built against Scala 2.9.1 and Akka 1.3.1.
When you’re ready to produce, the redactions get “burned in” and the underlying text is removed in the production file (you can always still access the original document in your database). Your redacted legal documents are secure – there’s no way opposing counsel can see what lies beneath the black boxes when they’re created in a trusted ediscovery platform.
If configured with a non-zero requestTimeout setting the spray-can HttpClient will watch for request timeouts. If the server does not respond within the configured timeout period a respective HttpClientException instance will be created and delivered to either the receiver actor or the response future. Additionally the HttpClient will automatically close idle connections if the configured idleTimeout is non-zero.
As legal counsel, you’re entrusted to protect your client’s most confidential information – which makes it even more frustrating when we hear horror stories about lawyers failing to properly redact such information from documents produced in litigation. It could be simple oversight, but lawyers should (must) know better and manifest competence to avoid embarrassing – and sanctionable – ediscovery facepalms.
Redacted legal documents can create a host of issues when not handled properly during document review. Here are some common redaction mistakes – and tips on how to avoid them.
The fallout can certainly go further – one magistrate judge demanded counsel explain why they should not be sanctioned for a memorandum filed with the court that exposed testimony that was protected by grand jury secrecy rules. The lawyer replied that there was a “technical weakness” in the redaction process when a Microsoft Word document was converted to PDF and black boxes were applied. The lawyer said the redactions were “defeated” by a journalist who simply selected and copied the black boxes and subsequently pasted the text into a new document.
Why do these easily avoidable problems continue to happen? Either legal teams are just being sloppy, or they haven’t educated themselves on the risks and benefits of using the proper tool for the job (see Comment 8 of Model Rule 1.1).
Just like the HttpServer the HttpClient is implemented as an Akka actor running on a single, private thread. So, in order to use it you first need to create and start it:
Your HttpResponse instances must not include explicit Content-Length, Transfer-Encoding or Date headers, since spray-can sets these automatically.
spray-can is a low-overhead, high-performance, fully asynchronous HTTP 1.1 server and client library implemented entirely in Scala on top of Akka.
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The honest truth is we’re all human, and mistakes will be made no matter how careful we are. It’s therefore prudent to make sure we have failsafes in place such as baking in a clawback agreement to your ESI Protocol and/or an FRE 502(d) agreement.
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Improperly redacted legal documents aren’t the only way legal teams have let privileged information slip through the cracks. In our modern digital age, it’s easier than ever to make a mistake that results in the disclosure of privileged material. Our free eGuide has been freshly updated to address current challenges surrounding privilege review and protection. Download the guide today – you don’t want to be the next name in the headlines.
Feedback and contributions to the project, no matter what kind, are always very welcome. However, patches can only be accepted from their original author. Along with any patches, please state that the patch is your original work and that you license the work to the spray-can project under the project’s open source license.
If the ServerConfig has a non-zero idleTimeout the HttpServer will close idle connections after the respective time period.